Robert Sharp

Pupil Barrister

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Free Speech – Really Difficult

This blog may give the impression that I am certain in my views, especially about freedom of expression.
But that’s not the case. Especially about freedom of expression.

As Robert Sharp of English Pen told me – just when you think you’ve settled your mind on all the arguments surrounding free speech and censorship, along comes an argument to throw you completely off again.

That’s from a blog post by Ben Please of the Bookshop Band, who are doing a marvellous project on censorship with the V&A, which has just acquired the archives of Oz Magazine. I hope I can go to their event on 20/21 April.

A Litany of the Ways In Which Facebook Corrupts the Spirit of Free Speech

Following my short appearance in a BBC news report yesterday, I had hoped to publish a companion blog post here, making all the free speechy points that were edited out of my contribution. Instead, I strayed off piste and ended up with this litany of complaints about Facebook. A useful aide memoir for the future, with a couple of useful insights, maybe.


When it comes to free speech, even the most hardened advocates tend to draw the line at incitement to violence. “Your right to swing your arms ends just where the other man’s nose begins” wrote Zechariah Chafee. Freedom of expression is not absolute, and when people publish text or video that is likely to provoke violence, it is legitimate to censor that content.
Inciting violence and hate is what Britain First group appear to have been doing, so the Facebook decision to ban their page feels righteous. Good riddance? Nothing to see here? Move along?
Not quite. This development is still problematic and draws our attention to the unexpected role that social media plays in our politics. We have been discussing these problems for years without, in my opinion, coming any closer to solving them. Continue reading

Discussing Britain First and Facebook on BBC South East


The racist far right group Britain First have been banned from Facebook. BBC South East reported the story and interviewed yrstrly for English PEN. Here’s what I said:

We abhor what Britain First stands for, but nevertheless there are some unintended consequences with this move. Shutting down speech you don’t like is deeply problematic—It means that countries around the world can use it as an excuse to shut down speech they don’t like. And it also alienates certain sections of the British population, [with whom] we really need to have a dialogue…

Obviously this is just a small excerpt from a longer interview I gave to the news team. There is a lot more to say about this issue, in particular about how we appear to have ceded most of our political discourse to private companies running social media platforms. There is also a real issue surrounding the efficacy of counter-speech, and what both social media and the traditional broadcasters might do in order to give better, bigger platforms to the kind of options that can counter and neutralise the far right threat. I will post more on this soon.
In the meantime, the entire South East Today programme for 14th March is currently available on the BBC iPlayer.

Hard Borders in London and the Napoleon of Notting Hill

On Monday morning, the Foreign Secretary Rt. Hon. Boris Johnson MP was asked on BBC radio what the British Government’s vision of the border between the Republic of Ireland and Northern Ireland would look like, should the UK leave the EU Single Market and Customs Union. In a garbled answer about the power of technology to facilitate frictionless trade, he put forward this analogy:

There is no border between Camden and Westminster, but when I was mayor of London we anaesthetically and invisibly took hundreds of millions of pounds from the accounts of people travelling between those two boroughs without any need for border checks whatever.

He was presumbaly referring to London’s Congestion Charge. Journalists and social media users spent the rest of the morning mocking this wholly inappropriate analogy with the centuries old troubles in Ireland.

All this made me think about one of my favourite books, The Napoleon of Notting Hill by G.K. Chesteron. In that story, written in 1904 but set in 1984, a whimsical king named Auberon Quin (appointed by lottery, the population having long since given up on both democracy and hereditary monarchy) decrees that each London Borough becomes its own city state. He sets about creating coats of arms and other heraldic items for each. Continue reading

Afua Hirsch on the ‘Marketplace of Ideas’

Afua Hirsch
Last year I wrote a blog post where I suggested that the marketplace of ideas probably doesn’t exist and asked what that meant for free speech.
A week later I wrote a follow-up in which I posited a Cartesian defence of the marketplace of ideas: I know that such a marketplace does exist because I have personally changed my mind about many things.
In Prospect, the author, barrister and broadcaster Afua Hirsch has written an interesting essay on the ‘fantasy’ of free speech and how we ignore power dynamics in our free speech debates. Within the piece, Hirsch makes this observation:

And here we reach the heart of the matter. In an ideal world, views from privileged people who want to keep things the same would—like all other views—be presented in a marketplace of ideas, competing fairly with the perspectives that challenge it. This is how free speech is meant to work.
But free speech doesn’t work like that. The marketplace of ideas, like many other markets, has monopolies, rackets and biases. Long-established “suppliers” of opinions with entrenched positions in “the sector” enjoy huge advantages. Marketplaces, inevitably, require merchants, arbiters and traders to work well. Why? Because the space in which they operate is rarely level.

Continue reading

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